Decision

Decision Gail Dunlevy v. Tewksbury Hospital

Date: 03/03/2003
Organization: Department of Industrial Accidents
Docket Number: DIA Board No. 001985-99
Location: Boston
Referenced Sources: Ruth Jenkins v. Nauset, Inc.
Monique Taylor v. Morton Hospital & Medical Center
Robert F. Dudley v. Yellow Freight System, Inc.
Deborah Fairfield v. Communities United
  • Employee: Gail Dunlevy
  • Employer: Tewksbury Hospital
  • Self Insurer: Commonwealth of Massachusetts

MCCARTHY, J. The self-insurer appeals a hearing decision awarding the employee G. L. c. 152, § 34 weekly total incapacity benefits for an emotional injury found by the judge to be causally related to a compensable back injury. The self-insurer argues that 1) its termination of weekly benefits during the payment without prejudice period amounts to a bona fide personnel action pursuant to G. L. c. 152, § 1(7A),1and 2) that the evidence is insufficient to establish causal relationship between the industrial back injury and the claimed psychiatric injury. We affirm the decision.

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1 General Laws c. 152, § 1 (7A), amended by St. 1991, c. 398, §§ 13 to 15, provides in pertinent part:

No mental or emotional disability arising principally out of a bona fide, personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.

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